Justice for Rohingya Muslims in Myanmar
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Who are the Rohingya?
The Rohingya are often described as "the world's most persecuted minority".
They are an ethnic group, majority of whom are Muslim, who have lived for centuries in the majority Buddhist Myanmar. Currently, there are about 1.1 million Rohingya who live in the Southeast Asian country. They are not considered one of the country's 135 official ethnic groups and have been denied citizenship in Myanmar since 1982, which has effectively rendered them stateless.
Nearly all of the Rohingya in Myanmar live in the western coastal state of Rakhine and are not allowed to leave without government permission. It is one the poorest states in the country with ghetto-like camps and a lack of basic services and opportunities.
Due to ongoing violence and persecution, hundreds of thousands of Rohingya have fled to neighbouring countries either by land or boat over the course of many decades.
Where are the Rohingya from?
Muslims have lived in the area now known as Myanmar since as early as the 12th century, according to many historians and Rohingya groups.
The Arakan Rohingya National Organisation has said, "Rohingyas have been living in Arakan from time immemorial," referring to the area now known as Rakhine.
During the more than 100 years of British rule (1824-1948), there was a significant amount of migration of labourers to what is now known as Myanmar from today's India and Bangladesh. Because the British administered Myanmar as a province of India, such migration was considered internal, according to Human Rights Watch (HRW).
The migration of labourers was viewed negatively by the majority of the native population.
After independence, the government viewed the migration that took place during British rule as "illegal, and it is on this basis that they refuse citizenship to the majority of Rohingya," HRW said in a 2000 report.
This has led many Buddhists to consider the Rohingya to be Bengali, rejecting the term Rohingya as a recent invention, created for political reasons.
How and why are they being persecuted? And why aren't they recognized?
Shortly after Myanmar's independence from the British in 1948, the Union Citizenship Act was passed, defining which ethnicities could gain citizenship. According to a 2015 report by the International Human Rights Clinic at Yale Law School, the Rohingya were not included. The act, however, did allow those whose families had lived in Myanmar for at least two generations to apply for identity cards.
Rohingya were initially given such identification or even citizenship under the generational provision. During this time, several Rohingya also served in parliament.
After the 1962 military coup in Myanmar, things changed dramatically for the Rohingya. All citizens were required to obtain national registration cards. The Rohingya, however, were only given foreign identity cards, which limited the jobs and educational opportunities they could pursue and obtain.
In 1982, a new citizenship law was passed, which effectively rendered the Rohingya stateless. Under the law, Rohingya were again not recognised as one of the country's 135 ethnic groups. The law established three levels of citizenship. In order to obtain the most basic level (naturalised citizenship), there must be proof that the person's family lived in Myanmar prior to 1948, as well as fluency in one of the national languages. Many Rohingya lack such paperwork because it was either unavailable or denied to them.
As a result of the law, their rights to study, work, travel, marry, practice their religion and access health services have been and continue to be restricted. The Rohingya cannot vote and even if they jump through the citizenship test hoops, they have to identify as "naturalised" as opposed to Rohingya, and limits are placed on them entering certain professions like medicine, law or running for office.
Since the 1970s, a number of crackdowns on the Rohingya in Rakhine State have forced hundreds of thousands to flee to neighbouring Bangladesh, as well as Malaysia, Thailand and other Southeast Asian countries. During such crackdowns, refugees have often reported rape, torture, arson and murder by Myanmar security forces.
After the killings of nine border police in October 2016, troops started pouring into villages in Rakhine State. The government blamed what it called fighters from an armed Rohingya group. The killings led to a security crackdown on villages where Rohingya lived. During the crackdown, government troops were accused of an array of human rights abuses, including extrajudicial killing, rape and arson - allegations the government denied.
In November 2016, a UN official accused the government of carrying out "ethnic cleansing" of the Rohingya. It was not the first time such an accusation has been made.
In April 2013, for example, HRW said Myanmar was conducting a campaign of ethnic cleansing against the Rohingya. The government has consistently denied such accusations.
Most recently, Myanmar's military has imposed a crackdown on the country's Rohingya population after police posts and an army base were attacked in late August.
Residents and activists have described scenes of troops firing indiscriminately at unarmed Rohingya men, women and children. The government, however, has said nearly 100 people were killed after armed men from the Arakan Rohingya Salvation Army (ARSA) launched a raid on police outposts in the region.
Since the violence erupted, rights groups have documented fires burning in at least 10 areas of Myanmar's Rakhine State. More than 480,000 people have fled the violence, with thousands trapped in a no-man's land between the two countries, according to the UN refugee agency (UNHCR).
The UN has also said that hundreds of civilians who have tried to enter Bangladesh have been pushed back by patrols. Many have also been detained and forcibly returned to Myanmar.
What do Aung San Suu Kyi and the Myanmar government say about the Rohingya?
State Chancellor Aung San Suu Kyi, who is the de facto leader of Myanmar, has refused to really discuss the plight of the Rohingya.
Aung San Suu Kyi and her government do not recognise the Rohingya as an ethnic group and have blamed violence in Rakhine, and subsequent military crackdowns, on those they call "terrorists".
The Nobel Peace Prize laureate does not have control over the military but has been criticised for her failure to condemn indiscriminate force used by troops, as well as to stand up for the rights of the more than one million Rohingya in Myanmar.
The government has also repeatedly rejected accusations of abuses. In February 2017, the UN published a report that found that government troops "very likely" committed crimes against humanity since renewed military crackdowns began in October 2016.
At the time, the government did not directly address the findings of the report and said it had the "the right to defend the country by lawful means" against "increasing terrorist activities", adding that a domestic investigation was enough.
In September 2016, Aung San Suu Kyi entrusted former UN chief Kofi Annan with finding ways to heal the long-standing divisions in the region. While many welcomed the commission and its findings, which were released this August, Azeem Ibrahim, a senior fellow at the Center for Global Policy, argued it was just a way for Aung San Suu Kyi to "pacify the global public opinion and try to demonstrate to the international community that she is doing what she can to resolve the issue".
Annan was not given the mandate to investigate specific cases of human rights abuses, but rather one for long-term economic development, education and healthcare.
When setting up the commission, Aung San Suu Kyi's government said it would abide by its findings. The commission urged the government to end the highly militarised crackdown on neighbourhoods where Rohingya live, as well as scrap restrictions on movement and citizenship.
Following the release of the August report, the government welcomed the commission's recommendations and said it would give the report "full consideration with the view to carrying out the recommendations to the fullest extent ... in line with the situation on the ground".
On the latest round of violence, Aung San Suu Kyi condemned a "huge iceberg of misinformation" on the crisis, without mentioning the Rohingya who have fled to Bangladesh.
On September 19, she gave a televised address, condemning "all human rights violations" in Rakhine.
She said that Myanmar was ready "at any time" to verify the status of those who have fled the violence in the last month. She did not specify who would be qualified to return and did not elaborate on how the verification process would work.
Her speech was criticised by Rohingya refugees, as well as activists who accused her government of "burying their heads in the sand".
The government has often restricted access to northern Rakhine States for journalists and aid workers. Aung San Suu Kyi's office has also accused aid groups of helping those it considers to be "terrorists".
In January, Yanghee Lee, a UN special rapporteur on human rights in Myanmar, said she was denied access to certain parts of Rakhine and was only allowed to speak to Rohingya who had been pre-approved by the government.
The country has also denied visas to members of a UN probe investigating the violence and alleged abuses in Rakhine.
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